This has reference to the Newspaper Report published in Times of India, Delhi Edition dated 2nd November, 2014, wherein it has been alleged that a disciplinary complaint has been filed by the promoters of M/s. Packwell Manufacturers (Delhi) Pvt. Ltd., a Delhi based company against CA. Sanjiv Kumar Bindal, a Delhi based Chartered Accountant and no progress seems to have been made by Disciplinary Directorate of ICAI.
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In this regard, CA.K.Raghu, President, ICAI shared the factual position of the on-going Disciplinary case.
He informed that a complaint was filed by Ms. Gudiya Gupta of M/s. Packwell Manufacturers (Delhi) Pvt. Ltd. on 12th November, 2013.As per the procedure followed by the Disciplinary Directorate of ICAI, the complaint was registered and forwarded to the Chartered Accountant (respondent) for filing his written statement. The reply was received from him on 31st December, 2013.
Further, the Complainant had filed her rejoinder dated 30th January, 2014 on written statement of the respondent. Thereafter, the matter was examined for additional documents, if any, required from the parties in terms of Rule 8(5) of the Chartered Accountants (Procedure of Investigations of Professional and other Misconduct and Conduct of Cases), Rules, 2007. Subsequent to the receipt of further documents from the Complainant, the matter was ordered for processing on 25th August, 2014 for formation of Prima facie opinion of the Director (Discipline) in terms of Rule 9 of the aforesaid Rules.The matter is currently under examination for formation of Prima facie opinion by the Director (Discipline). Thus,the matter reported in certain sections of the media that ICAI has been sitting on the complaint without taking any action is incorrect. All necessary efforts are being made to expedite further course of action in the said matter.
CA.K.Raghu said “There could be a perception with the complainant that there is delay in delivery of imparting justice in some cases filed in ICAI. But it needs to be understood that the law has to take its own course and it may take little time but ICAI is committed to ensure justice & uphold the values of excellence, independence & integrity.”